The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Escondidov.Emmons

CourtSupreme Court of the United States
Docket No.17-1660
DecidedJanuary 7, 2019
Reporter586 U.S. 38
JudgesSupreme Court of the United States
Tags
CivilCivil RightsFourth AmendmentQualified ImmunityReversalVacaturRemand
Case Summary

Police responded to a reported domestic disturbance at an apartment where two children might be present. When Marty Emmons came outside, Officer Robert Craig stopped him, took him to the ground, and handcuffed him after Emmons tried to brush past the officer. Emmons sued the officers under federal civil-rights law, alleging excessive force. The district court entered summary judgment for the officers, but the Ninth Circuit reversed and remanded for trial after stating only that the right to be free from excessive force was clearly established. The Supreme Court reversed as to Sergeant Toth and vacated as to Officer Craig. The Ninth Circuit gave no explanation for reinstating the claim against Toth, even though the record showed that only Craig used force. As to Craig, the Court held that the Ninth Circuit defined the clearly established right at too high a level of generality. It remanded for the required specific inquiry into whether precedent placed the lawfulness of Craig’s takedown beyond debate.

Opinion

Loading published copy…

The Far Side